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69 <br /> <br />City of Little Canada Personnel Policy <br />These observations leading to an alcohol or controlled substance test, will be reflected in writing and <br />signed by the supervisor who made the observations. The record will be retained by the cityCity. The <br />person who makes the determination that reasonable suspicion exists to conduct testing, will not be the <br />person conducting the testing, which shall instead be conducted by another qualified person. <br /> <br />Alcohol testing is authorized only if the observations are made during, just before, or just after the <br />driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered <br />within two (2) hours following the determination of reasonable suspicion, the cityCity will prepare and <br />maintain on file a record stating the reasons the alcohol test was not promptly administered. If a <br />reasonable suspicion alcohol test is not administered within eight (8) hours following the determination <br />of reasonable suspicion, the cityCity will prepare and maintain on file a record stating the reasons the <br />alcohol test was not administered and will cease attempts to conduct the alcohol test. <br /> <br />Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on <br />duty requiring the performance of safety-sensitive functions while the driver is under the influence of <br />or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, <br />nor will the cityCity permit the driver to perform or continue to perform safety-sensitive functions until <br />(1) an alcohol test is administered and the driver’s alcohol concentration is less than .02; or (2) twenty- <br />four (24) hours have elapsed following the determination of reasonable suspicion. <br /> <br />Return-to-Duty Testing. <br /> <br />The cityCity reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. <br />Except as otherwise required by law, the cityCity is not obligated to reinstate or requalify such drivers <br />for a first positive test result. <br /> <br />Should the cityCity consider reinstatement of a DOT covered driver, the driver must undergo a <br />Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed <br />education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an <br />alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative <br />result, before the driver returns to duty requiring the performance of a safety-sensitive function. The <br />SAP determines if the driver has completed the education/treatment as prescribed. <br /> <br />The employee is responsible for paying for all costs associated with the return-to-duty test. The <br />controlled substance test will be conducted under direct observation. <br /> <br />Follow-Up Testing. <br /> <br />The cityCity reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policies and collective bargaining <br />agreements. Except as otherwise required by law, the cityCity is not obligated to reinstate or requalify <br />such drivers. <br /> <br />Should the cityCity reinstate a driver following a determination by a Substance Abuse Professional <br />(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use and/or <br />use of controlled substance, the cityCity will ensure that the driver is subject to unannounced follow-up <br />alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will <br />be directed by the SAP and will consist of at least six (6) tests in the first twelve (12) months following